B-146041, JUN. 21, 1961

B-146041: Jun 21, 1961

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TO THE SECRETARY OF THE ARMY: REFERENCE IS MADE TO YOUR LETTER OF JUNE 2. REQUESTING DECISION CONCERNING THE STATUS OF SOME 100 ARMY NATIONAL GUARD UNITS THROUGHOUT THE UNITED STATES WHICH WERE ORGANIZED IN 1959 IN CONNECTION WITH A GENERAL REORGANIZATION OF THE ARMY NATIONAL GUARD. YOU STATE THAT IN 1959 ALL 27 ARMY NATIONAL GUARD DIVISIONS AS WELL AS NONDIVISIONAL UNITS WERE REORGANIZED TO CONFORM TO THE NEW PENTOMIC CONCEPT AND TO NEW TABLES OF ORGANIZATION AND EQUIPMENT AND THAT SUCH REORGANIZATION WAS EFFECTED TO PRODUCE THE TROOP BASIS REQUIRED BY THE ARMY AND TO CARRY OUT THE PROVISIONS OF 32 U.S.C. 104 (B) WHICH REQUIRED THAT THE ORGANIZATION OF THE ARMY NATIONAL GUARD AND THE COMPOSITION OF ITS UNITS SHALL BE THE SAME AS THOSE PRESCRIBED FOR THE ARMY.

B-146041, JUN. 21, 1961

TO THE SECRETARY OF THE ARMY:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 2, 1961, WITH ENCLOSURES, REQUESTING DECISION CONCERNING THE STATUS OF SOME 100 ARMY NATIONAL GUARD UNITS THROUGHOUT THE UNITED STATES WHICH WERE ORGANIZED IN 1959 IN CONNECTION WITH A GENERAL REORGANIZATION OF THE ARMY NATIONAL GUARD. THIS REQUEST HAS BEEN ASSIGNED SUBMISSION NO. SS-A-567 BY THE DEPARTMENT OF DEFENSE MILITARY PAY AND ALLOWANCE COMMITTEE.

YOU STATE THAT IN 1959 ALL 27 ARMY NATIONAL GUARD DIVISIONS AS WELL AS NONDIVISIONAL UNITS WERE REORGANIZED TO CONFORM TO THE NEW PENTOMIC CONCEPT AND TO NEW TABLES OF ORGANIZATION AND EQUIPMENT AND THAT SUCH REORGANIZATION WAS EFFECTED TO PRODUCE THE TROOP BASIS REQUIRED BY THE ARMY AND TO CARRY OUT THE PROVISIONS OF 32 U.S.C. 104 (B) WHICH REQUIRED THAT THE ORGANIZATION OF THE ARMY NATIONAL GUARD AND THE COMPOSITION OF ITS UNITS SHALL BE THE SAME AS THOSE PRESCRIBED FOR THE ARMY. YOU HAVE FURNISHED A COPY OF REORGANIZATION AUTHORITY NO. 30-59 OF MARCH 23, 1959, FROM THE NATIONAL GUARD BUREAU TO THE ADJUTANT GENERAL, STATE OF SOUTH CAROLINA, WHICH IS STATED TO BE TYPICAL OF THE REORGANIZATIONAL AUTHORITY ISSUED BY THAT BUREAU TO EACH STATE. IN THAT DIRECTIVE THERE IS A LISTING OF THE UNITS OF THE SOUTH CAROLINA ARMY NATIONAL GUARD WHICH WERE AUTHORIZED TO BE REORGANIZED EFFECTIVE APRIL 1, 1959, AND A LISTING OF EIGHT UNITS WHICH WERE AUTHORIZED TO BE "ORGANIZED" EFFECTIVE THE SAME DATE. AUTHORITY WAS GRANTED THEREIN TO DEFER THE REQUIRED INSPECTION OF ALL UNITS UNTIL THE NEXT ANNUAL GENERAL INSPECTION. SUCH "NEXT ANNUAL GENERAL INSPECTION" IS REPORTED TO HAVE TAKEN PLACE IN JANUARY 1960. ADDITION, YOU HAVE FURNISHED COPIES OF INITIAL MORNING REPORTS OF THE EIGHT ORGANIZED UNITS TO SHOW THAT THEY WERE COMPOSED OF PERSONNEL OF ONE OR MORE PREVIOUSLY FEDERALLY RECOGNIZED UNITS.

THERE APPEARS TO BE NO QUESTION CONCERNING THE FEDERAL RECOGNITION STATUS OF THE UNITS WHICH WERE CONVERTED, REORGANIZED OR REDESIGNATED PURSUANT TO THE GRANTED REORGANIZATIONAL AUTHORITY. HOWEVER, YOU HAVE INDICATED THAT THE STATUS OF THE ABOVE EIGHT UNITS WITH RESPECT TO SUCH FEDERAL RECOGNITION FOR THE TIME BETWEEN THE DATE OR ORGANIZATION, APRIL 1, 1959, AND DATE WHEN THEY WERE INSPECTED SOMETIME IN JANUARY 1960, HAS BEEN QUESTIONED. YOU HAVE INDICATED THAT THERE ARE ABOUT 100 ARMY NATIONAL GUARD UNITS THROUGHOUT THE UNITED STATES IN A SIMILAR SITUATION AND YOU HAVE PRESENTED SEVERAL QUESTIONS APPLICABLE TO SUCH UNITS, THE FIRST OF WHICH IS AS FOLLOWS:

"SHOULD THESE UNITS BE CONSIDERED TO HAVE BEEN CONVERTED, REORGANIZED, OR REDESIGNATED WITHIN THE MEANING OF PARAGRAPH 10 OF NATIONAL GUARD REGULATIONS NUMBER 15? IF THE ANSWER IS IN THE AFFIRMATIVE, NO FURTHER QUESTIONS ARE PRESENTED.'

32 U.S.C. 105 (B), WHICH WAS CODIFIED FROM SECTION 93 OF THE ACT OF JUNE 3, 1916, 39 STAT. 206, PROVIDES AS FOLLOWS:

"THE REPORTS OF INSPECTION UNDER SUBSECTION (A) ARE THE BASIS FOR DETERMINING WHETHER THE NATIONAL GUARD IS ENTITLED TO THE ISSUE OF MILITARY PROPERTY AS AUTHORIZED UNDER THIS TITLE AND TO RETAIN THAT PROPERTY; AND FOR DETERMINING WHICH ORGANIZATIONS AND PERSONS CONSTITUTE UNITS AND MEMBERS OF THE NATIONAL GUARD.'

IN IMPLEMENTATION OF THIS PROVISION OF LAW, PARAGRAPHS 7 AND 10 OF NATIONAL GUARD REGULATIONS NO. 15, DATED JULY 13, 1956, AS HERE MATERIAL, PROVIDES AS FOLLOWS:

"7. FEDERAL RECOGNITION OF UNITS.

A. GENERAL. THE CHIEF, NATIONAL GUARD BUREAU, ACTING FOR THE SECRETARY OF THE ARMY WILL EXTEND FEDERAL RECOGNITION TO A UNIT, BASED ON A FAVORABLE REPORT FOR INSPECTION FOR FEDERAL RECOGNITION (NGB FORM 113). SUCH INSPECTION WILL INCLUDE BUT IS NOT LIMITED TO THE FOLLOWING CRITERIA:

"C. DATE OF FEDERAL RECOGNITION. THE DATE ON WHICH THE UNIT WAS INSPECTED AND FOUND SATISFACTORY IS THE DATE OF FEDERAL RECOGNITION. THE EVENT OF CHANGE OF STATION, CONVERSION, REORGANIZATION, REDESIGNATION OR INDUCTION INTO THE ACTIVE MILITARY SERVICE OF THE UNITED STATES, THE DATE OF FEDERAL RECOGNITION OF ANY UNIT REMAINS UNCHANGED.

"10. CONVERSION, REORGANIZATION, AND REDESIGNATION

A. PROCEDURE. SPECIFIC AUTHORITY MUST BE OBTAINED FROM THE CHIEF, NATIONAL GUARD BUREAU. AN INSPECTION BY THE ZI ARMY OR OVERSEA COMMANDER IS REQUIRED EXCEPT IN THE CASE OF REDESIGNATION IN WHICH EVENT NO INSPECTION IS REQUIRED. THIS INSPECTION MAY BE DEFERRED UNTIL THE NEXT ANNUAL ARMORY INSPECTION.'

THE ABOVE REGULATIONS INDICATE THAT WHILE FEDERAL RECOGNITION OF NEWLY CREATED UNITS IS NOT CONTEMPLATED PRIOR TO INITIAL INSPECTION, THE FEDERAL RECOGNITION ONCE ATTAINED BY NATIONAL GUARD UNITS DOES NOT TERMINATE AUTOMATICALLY UPON CONVERSION OR REORGANIZATION AND THAT THE INITIAL INSPECTION IN THE LATTER SITUATIONS MAY BE DEFERRED UNTIL THE NEXT ANNUAL ARMORY INSPECTION. WHILE EIGHT UNITS OF THE SOUTH CAROLINA NATIONAL GUARD WERE DIRECTED TO BE "ORGANIZED," THE PERSONNEL CONCERNED CONTINUED TO SERVE WITH OTHERS WHO HAD SERVED WITH FEDERALLY RECOGNIZED UNITS TO THE SAME EXTENT AS THE MEMBERS OF THE UNITS WHICH WERE CONVERTED OR REORGANIZED, AND IT APPEARS THAT IN MOST INSTANCES THE LATTER WERE REQUIRED TO USE DIFFERENT MILITARY EQUIPMENT AFTER CONVERSION OR REORGANIZATION TO THE SAME EXTENT AS MEMBERS OF THE UNITS WHICH WERE "ORGANIZED.' THE CHANGES MADE WERE ALL A PART OF A GENERAL REORGANIZATION OF THE SOUTH CAROLINA ARMY NATIONAL GUARD AND THE NATIONAL GUARD BUREAU APPEARS TO HAVE VIEWED ALL THE UNITS AS BEING IN THE SAME CATEGORY INSOFAR AS THE EFFECT OF DEFERRING THE REQUIRED INSPECTIONS WAS CONCERNED. WHILE THE MATTER IS NOT FREE FROM DOUBT, IN VIEW OF ALL THE CIRCUMSTANCES AND SINCE THE NATIONAL GUARD BUREAU APPEARS TO HAVE REGARDED THE "ORGANIZED" UNITS AS, IN FACT, HAVING BEEN CONVERTED OR REORGANIZED FROM OTHER FEDERALLY RECOGNIZED UNITS, WE FIND NO SUFFICIENT BASIS TO DISAGREE WITH THE ADMINISTRATIVE CONCLUSION TO THAT EFFECT.

ACCORDINGLY, YOUR FIRST QUESTION IS ANSWERED IN THE AFFIRMATIVE AND HENCE IT IS NOT NECESSARY TO ANSWER THE OTHER QUESTIONS PRESENTED IN YOUR LETTER.